‘Cip’ Paulsen’s Term Upheld

Spokane cocaine kingpin Clarence “Cip” Paulsen III didn’t get a raw deal when he got a longer prison term than co-conspirators, a federal appeals court ruled.

The ruling late last week by the 9th Circuit Court of Appeals upholds the 14-year prison sentence given Paulsen by U.S. District Court Judge Fred Van Sickle.

Assistant U.S. Attorney Tom Rice, who prosecuted Paulsen as one of three-dozen defendants in Operation Doughboy, said Monday he’s pleased the appeals court upheld the sentence and a plea bargain that led to it.

Paulsen, the great-grandson of Spokane mining and real estate baron August Paulsen, pleaded guilty in November 1994 to conspiracy, two counts of distribution of cocaine and possession with intent to distribute marijuana. He was sentenced to prison in February 1995.

Paulsen’s attorney, John Lundin of Seattle, said Monday he will ask for reconsideration by a three-judge appeals panel or a full-court review.

“There are other avenues we’ll be pursuing,” Lundin said.

He argued to the appeals court that Paulsen’s term was disproportionate to the four- and eight-year sentences given to co-defendants in the case, dubbed Operation Doughboy because many of those arrested were white, middle-class professionals.

Lundin argued it was unfair to include a negligent driving conviction as part of Paulsen’s criminal history used to calculate a sentencing range.

“Paulsen is wrong,” the appeals court wrote in an eight-page decision. “Negligent driving in the state of Washington is a lesser included offense of reckless driving.”

State law describes reckless driving as operating a vehicle in a manner that could endanger people or property.

Paulsen was cited for doing 104 mph in a 55 mph zone.

Lundin said Monday he still believes he can convince the appeals court that negligent driving should be considered a “minor offense” that shouldn’t be used in calculating Paulsen’s prison sentence.

Lundin also argued it was unfair to lengthen Paulsen’s prison term because “dangerous weapons” were seized at the time of his arrest.

Four assault rifles, a .25-caliber handgun and various rounds of ammunition were seized in Paulsen’s home when he was arrested in August 1994.

The defense attorney argued the last alleged instance of Paulsen distributing cocaine occurred in November 1993, nine months before the weapons were discovered.

When he was sentenced, other attorneys who represented Paulsen did not raise that issue.

“Objections to sentencing not raised before the District Court are generally not appealable,” the appeals court ruled.

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